The Massachusetts Court System
SEARCH  
The Massachusetts Court System
Images of Massachusetts Courthouses
Bullet About Us
Bullet Courts
Bullet Resources
  Attorney Referral
  Education Resource Center
  Forms
  Guidelines and Standards
  Juror Information
  Law Libraries
  Legal Research
  Opinions
  Press Releases
  Probation
Bullet Self Help Center
Bullet Site Index
Bullet Contact Us
Bullet Home
Home > Resources > Guidelines and Standards

Step 4 - Incarcerative Sentences
Sentencing Guidelines


4. Incarcerative Sentences

4
Imposing an incarceration sentence within the sentencing guidelines range.
 
To impose an incarcerative sentence within the sentencing guidelines range:
  • Identify the appropriate sentencing guidelines grid cell.

  • Select the maximum (NMT) sentence from within the sentencing guidelines range presented in the applicable grid cell.

  • The minimum, or Not Less Than (NLT), sentence will automatically be set at two-thirds of the maximum sentence. This applies to sentences to Houses of Correction and State Prison.
 
If the (NMT) sentence is selected from the appropriate sentencing guidelines range on the grid, the sentence will be within the guidelines and no explanation is necessary. The Sentencing Chart in Attachment C may be helpful in selecting sentences.
 
When appropriate a judge should order fines or restitution or both as part of any sentence. Restitution to the victim should be a priority of the judge at the time of sentencing.
 
Considerations

  • Accommodating District Court Jurisdiction

    • In cases where a defendant in the district court falls into a cell on the sentencing guidelines grid where the sentencing guidelines range exceeds the district court sentencing jurisdiction, the sentencing guidelines range shall revert to an incarceration zone range of 20 to 30 months, and it shall not constitute a departure for a district court judge to impose a sentence of incarceration from within the 20 to 30 month range.


    		Illustration 6: A defendant with no prior convictions is found guilty in the District Court of Assault and Battery with a Dangerous Weapon (significant injury), a level 6 offense. However, the prescribed guideline range at level 6 for criminal history group A (No/Minor Record) is 40 to 60 months, beyond the district courts’ sentencing jurisdiction (i.e., greater than 2 1/2 years). In such a case the sentencing guidelines range would revert to an incarceration zone range of 20 to 30 months to enable the District Court judge to impose a sentence. A Not More Than (NMT) sentence within the 20 to 30 month sentencing range would not constitute a departure.  

    Attachments
     

    Return to Step 3

    Continue to Step 5

     

     
    About Us | Courts | Resources | Self Help Center | Site Index | Contact Us | Home 

    Administrative Office of the Trial Court Web Site Disclaimer
    Copyright ©2005 Administrative Office of the Trial Court
     
      Comments, Questions or Suggestions? Email the Webmaster
     
    Last Updated on October 30, 2006 1:53 PM